35844 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

Subpart O—Illinois

2. Section 52.726 is amended by

adding paragraph (s) to read as follows:

§ 52.726 Control strategy: Ozone.

* * * * *

(s) On October 10, 1997, Illinois

submitted a site-specific revision to the

State Implementation Plan, in the form

of a letter from Bharat Mathur, Chief,

Bureau of Air, Illinois Environmental

Protection Agency. This October 10,

1997, letter requests a change in

regulatory status for Riverside

Laboratories, Inc.’s Kane County facility,

to reflect that the Federal site-specific

rule for Riverside (40 CFR 52.741(e)(10))

has been superseded by the State of

Illinois regulations, including the

emission limits in 35 Illinois

Administrative Code 218.204(c) and the

associated control requirements, test

methods and recordkeeping

requirements in Part 218 and the

associated definitions in Part 211. These

State regulations shall become the

federally approved regulations

applicable to Riverside on August 31,

1998. The site-specific rule, applicable

to Riverside, promulgated by the

Environmental Protection Agency on

August 21, 1995 (40 CFR 52.741(e)(10)),

remains in effect and is enforceable after

August 31, 1998 for the period before

August 31, 1998.

[FR Doc. 98–17517 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300673; FRL–5795–8]

RIN 2070–AB78

Sodium Chlorate; Extension of

Exemption from Requirement of a

Tolerance for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited exemption from the requirement

of a tolerance for residues of the

desiccant sodium chlorate in or on

wheat for an additional one and onehalf-year period, to January 31, 2000.

This action is in response to EPA’s

granting of an emergency exemption

connection with a crisis exemption

declared by the state of Mississippi

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act authorizing use of the pesticide on

wheat. Section 408(l)(6) of the Federal

Food, Drug, and Cosmetic Act (FFDCA)

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA.

DATES: This regulation becomes

effective July 1, 1998. Objections and

requests for hearings must be received

by EPA, on or before August 31, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300673],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300673], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington,

VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Follow the

instructions in Unit II. of this preamble.

No Confidential Business Information

(CBI) should be submitted through email.

FOR FURTHER INFORMATION CONTACT: By

mail: Libby Pemberton, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Rm. 272,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-308–9364; email: pemberton.libby@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of December 3, 1997

(62 FR 63858) (FRL–5754–1), which

announced that on its own initiative

and under section 408(e) of the FFDCA,

21 U.S.C. 346a(e) and (l)(6), it

established a time-limited exemption

from the requirement of a tolerance for

the residues of sodium chlorate in or on

wheat, with an expiration date of July

31, 1998. EPA established the

exemption from the requirement of a

tolerance because section 408(l)(6) of

the FFDCA requires EPA to establish a

time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA received a request to extend the

use of sodium chlorate on wheat for this

year growing season due to continued

heavy rains resulting in the need for a

harvest aid to desiccate winter weeds

which developed in the thin stands of

an already dimished wheat crop. After

having reviewed the submission, EPA

concurs that emergency conditions exist

for this state. EPA has authorized under

FIFRA section 18 the use of sodium

chlorate as a desiccant on wheat.

EPA assessed the potential risks

presented by residues of sodium

chlorate in or on wheat. In doing so,

EPA considered the new safety standard

in FFDCA section 408(b)(2), and

decided that the necessary tolerance

under FFDCA section 408(l)(6) would be

consistent with the new safety standard

and with FIFRA section 18. The data

and other relevant material have been

evaluated and discussed in the final rule

of December 3, 1997 (62 FR 63858).

Based on that data and information

considered, the Agency reaffirms that

extension of the time-limited exemption

from the requirement of a tolerance will

continue to meet the requirements of

section 408(l)(6). Therefore, the timelimited exemption from the requirement

of a tolerance is extended for an

additional one and one-half-year period.

Although this exemption from the

requirement of a tolerance will expire

and is revoked on January 31, 2000,

under FFDCA section 408(l)(5), residues

of the pesticide in or on wheat after that

date will not be unlawful, provided the

pesticide is applied in a manner that

was lawful under FIFRA and the

application occurred prior to the

revocation of the exemptionfrom a

requirement of a tolerance. EPA will

take action to revoke this exemption

from the requirement of a tolerance

earlier if any experience with, scientific

data on, or other relevant information

on this pesticide indicate that the

residues are not safe.

I. Objections and Hearing Requests

The new FFDCA section 408(g)

provides essentially the same process

for persons to ‘‘object’’ to a tolerance
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35845

regulation issued by EPA under new

section 408(e) and (l)(6) as was provided

in the old section 408 and in section

409. However, the period for filing

objections is 60 days, rather than 30

days. EPA currently has procedural

regulations which govern the

submission of objections and hearing

requests. These regulations will require

some modification to reflect the new

law. However, until those modifications

can be made, EPA will continue to use

those procedural regulations with

appropriate adjustments to reflect the

new law.

Any person may, by August 31, 1998,

file written objections to any aspect of

this regulation and may also request a

hearing on those objections. Objections

and hearing requests must be filed with

the Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issues on which

a hearing is requested, the requestor’s

contentions on such issues, and a

summary of any evidence relied upon

by the requestor (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Information submitted in connection

with an objection or hearing request

may be claimed confidential by marking

any part or all of that information as

CBI. Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the information that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

II. Public Record and Electronic

Submissions

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rulemaking record which

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

Electronic objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Objections and hearing requests will

also be accepted on disks in

WordPerfect 5.1/6.1 or ASCII file

format. All copies of objections and

hearing requests in electronic form must

be identified by the docket control

number [OPP–300673]. No CBI should

be submitted through e-mail. Electronic

copies of objections and hearing

requests on this rule may be filed online

at many Federal Depository Libraries.

III. Regulatory Assessment

Requirements

This final rule extends a time-limited

exemption from the requirement of a

tolerance that was previously extended

by EPA under FFDCA section 408(d) in

response to a petition submitted to the

Agency. The Office of Management and

Budget (OMB) has exempted these types

of actions from review under Executive

Order 12866, entitled Regulatory

Planning and Review (58 FR 51735,

October 4, 1993). In addition, this final

rule does not contain any information

collections subject to OMB approval

under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq., or impose

any enforceable duty or contain any

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104-4). Nor does it require any prior

consultation as specified by Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require OMB review in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997).

Since this extension of an existing

time-limited exemption from the

requirement of a tolerance does not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. Nevertheless, the

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels

or expanding exemptions might

adversely impact small entities and

concluded, as a generic matter, that

there is no adverse economic impact.

The factual basis for the Agency’s

generic certification for tolerance

actions published on May 4, 1981 (46

FR 24950), and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration.

IV. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and record keeping

requirements.

Dated: June 7, 1998.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180–[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.
35846 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

§ 180.1020 [Amended]

2. In § 180.1020, by amending

paragraph (b) by changing the date ‘‘7/

31/98’’ to read ‘‘1/31/00.’’

[FR Doc. 98–17514 Filed 6-30-98; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–20

[FPMR Amendment D–96]

RIN 3090–AG61

Smoking Policy

AGENCY: Public Buildings Service,

General Services Administration.

ACTION: Final rule.

SUMMARY: This rule revises the Federal

Property Management Regulations to

implement Executive Order 13058. As a

result, the smoking of tobacco is

prohibited in all interior space owned,

rented, or leased by the executive

branch of the Federal Government, and

in any outdoor areas under executive

branch control in front of air intake

ducts.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Howard Chideckel, Office of Business

Performance at (202) 501–0457.

SUPPLEMENTARY INFORMATION: GSA has

determined that this rule is not a

significant regulatory action for the

purpose of Executive Order 12866. This

rule is not required to be published in

the Federal Register for notice and

comment, therefore the Regulatory

Flexibility Act does not apply. The

Paperwork Reduction Act does not

apply because the change does not

impose reporting, recordkeeping or

information collection requirements

which require the approval of the Office

of Management and Budget pursuant to

44 U.S.C. 3501, et seq. This rule also is

exempt from congressional review

prescribed under 5 U.S.C. 801 since it

relates solely to agency management

and personnel.

List of Subjects in 41 CFR Part 101–20

Blind, Concessions, Federal buildings

and facilities, Government property

management, Occupational safety and

health, Parking, Security measures,

Smoking.

For the reasons set forth in the

preamble, 41 CFR Part 101–20 is

amended as follows:

PART 101–20—MANAGEMENT OF

BUILDINGS AND GROUNDS

1. The authority citation for Part 101–

20 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c).

Subpart 101–20.1—Building

Operations, Maintenance, Protection,

and Alterations

2. Section 101–20.105–3 is revised to

read as follows:

§ 101–20.105–3 Smoking.

(a) Pursuant to Executive Order

13058, ‘‘Protecting Federal Employees

and the Public From Exposure to

Tobacco Smoke in the Federal

Workplace’’ (3 CFR, 1997 Comp., p.

216), it is the policy of the executive

branch to establish a smoke-free

environment for Federal employees and

members of the public visiting or using

Federal facilities. The smoking of

tobacco products is prohibited in all

interior space owned, rented, or leased

by the executive branch of the Federal

Government, and in any outdoor areas

under executive branch control in front

of air intake ducts.

(b) Exceptions. (1) The policy does

not apply in designated smoking areas

that are enclosed and exhausted directly

to the outside and away from air intake

ducts, and are maintained under

negative pressure (with respect to

surrounding spaces) sufficient to

contain tobacco smoke within the

designated area. Agency officials shall

not require workers to enter such areas

during business hours while smoking is

ongoing.

(2) The policy does not extend to any

residential accommodation for persons

voluntarily or involuntarily residing, on

a temporary or long term basis, in a

building owned, leased, or rented by the

Federal Government.

(3) The policy does not extend to

those portions of federally owned

buildings leased, rented, or otherwise

provided in their entirety to nonfederal

parties.

(4) The policy does not extend to

places of employment in the private

sector or in other nonfederal

governmental units that serve as the

permanent or intermittent duty station

of one or more Federal employees.

(5) Agency heads may establish

limited and narrow exceptions that are

necessary to accomplish agency

missions. Such exceptions must be in

writing, approved by the agency head,

and to the fullest extent possible

provide protection of nonsmokers from

exposure to environmental tobacco

smoke. Authority to establish such

exceptions may not be delegated.

(c) Agency heads have responsibility

to determine which areas are to be

smoking and which areas are to be nonsmoking areas. In exercising this

responsibility, agency heads will give

appropriate consideration to the views

of the employees affected and/or their

representatives and are to take into

consideration the health issues

involved. Nothing in this section

precludes an agency from establishing

more stringent guidelines. Agencies in

multi-tenant buildings are encouraged

to work together to identify designated

smoking areas.

(d) Agency heads shall evaluate the

need to restrict smoking at doorways

and in courtyards under executive

branch control in order to protect

workers and visitors from

environmental tobacco smoke, and may

restrict smoking in these areas in light

of this evaluation.

(e) Agency heads shall be responsible

for monitoring and controlling areas

designated for smoking and for ensuring

that these areas are identified by proper

signs. Suitable uniform signs reading

‘‘Designated Smoking Area’’ shall be

furnished and installed by the agency.

(f) Suitable, uniform signs reading

‘‘No Smoking Except in Designated

Areas’’ shall be placed on or near

entrance doors of buildings subject to

this section. These signs shall be

furnished and installed by the GSA

Building Manager in buildings operated

by GSA. It shall not be necessary to

display a sign in every room of each

building.

(g) This smoking policy applies to the

judicial branch when it occupies space

in buildings controlled by the executive

branch. Furthermore, the Federal chief

judge in a local jurisdiction may be

deemed to be comparable to an agency

head and may establish exceptions for

Federal jurors and others as indicated in

paragraph (b)(5) of this section.

(h) Prior to implementation of this

section, where there is an exclusive

representative for the employees, the

agencies shall meet their obligation

under the Federal Service LaborManagement Relations Act (5 U.S.C.

7101 et seq.) In all other cases, agencies

should consult directly with employees.

Dated: March 16, 1998.

David J. Barram,

Administrator of General Services.

[FR Doc. 98–17469 Filed 6–30–98; 8:45 am]

BILLING CODE 6820–23–M